Last modified on November 22, 2018

 

Welcome to SOCA ISLANDS’ website, www.socaislands.com, (the “Website”). This Website is provided solely to assist customers in planning their Carnival, Culture or Adventure Travel experience.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of the Website, and is incorporated by reference in this Agreement. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting any of our customer service channels, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or any other of our customer service channels.

 

USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:

  • you are at least 18 years of age;
  • you possess the legal authority to create a binding legal obligation;
  • you will use this Website in accordance with these Terms of Use;
  • you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
  • you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
  • all information supplied by you on this Website is true, accurate, current and complete; and
  • if you have an SOCA ISLANDS account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

 

What is SOCA ISLANDS’ Refund/Reservation Policy?

A deposit of 35% per person is required to reserve an adventure with SOCA ISLANDS. The remaining balance is due 30 days prior to the start date of the respective package.  Reservations made within 45 days of the start date of the package require payment in full.

Payments made to your package including the down payment are NON-REFUNDABLE; this is because as we receive payments, we use them to book your accommodation, transportation, costumes, fete tickets and other ancillary items. SOCA ISLANDS recommends cancellation insurance available through Ripcord. Please call (868) 388-2937 or email explore@socaislands.com for details.

 

TRIP CANCELLATIONS

SOCA ISLANDS reserves the right to cancel or change the itinerary of a package.  In the event that SOCA ISLANDS cancels your package and you are unable to participate, your total trip cost will be refunded.  Occasionally, weather or other factors may cause delays getting into or out of an event, or make completing a package impossible.  In these circumstances, there will be no refund of fees.  SOCA ISLANDS is not responsible for any additional costs (e.g. airline flight changes, additional hotel nights, etc.) associated with package delays or itinerary changes due to weather or other factors.

 

DISPUTES
SOCA ISLANDS is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting SOCA ISLANDS Customer Support via email, explore@socaislands.com, or telephone, (868) 388-2937. If we are not able to resolve your Claims within 30 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, carnival suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “SOCA ISLANDS Legal: Arbitration Claim Manager,” to explore@socaislands.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

 

PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • use this Website or its contents for any commercial purpose;
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  • 1 “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking, payment, or account shows signs of fraud, abuse or suspicious activity, SOCA ISLANDS may cancel any travel or service reservations associated with your name, email address or account, and close any associated SOCA ISLANDS accounts. If you have conducted any fraudulent activity, SOCA ISLANDS reserves the right to take any necessary legal action and you may be liable for monetary losses to SOCA ISLANDS, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Soca Islands Customer Service.

 

PRIVACY POLICY
Please refer to our Privacy Policy to review how information about users of the Services is collected, used and shared.

 

SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of packages and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, carnival costume, event ticket, or j’ouvert package, please ensure you read the full terms and conditions of carriage issued by the supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.

 

BANK AND CREDIT CARD FEES
Banks and credit card companies impose fees for all transactions. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a package booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States or Canada. Booking international travel may be considered to be an international transaction by the bank or card company, since SOCA ISLANDS may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

 

INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas are in order and any other foreign entry requirements are met. SOCA ISLANDS has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, and announcements issued by the relevant governments prior to booking travel to our destinations.

Passport and Visa– You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Health– Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

 

LIABILITY DISCLAIMER
The information, software, products and services published on this Website may include inaccuracies or errors, including pricing errors. In addition, SOCA ISLANDS expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

SOCA ISLANDS and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by SOCA ISLANDS or our Partners. All such information, software products, and services are provided “as is” without warranty of any kind. SOCA ISLANDS, SOCA ISLANDS Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from SOCA ISLANDS, SOCA ISLANDS Partners and/or their respective suppliers are free of viruses or other harmful components. SOCA ISLANDS, SOCA ISLANDS Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

In no event shall SOCA ISLANDS, SOCA ISLANDS Partners and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Soca Islands, Soca Islands Partners and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, SOCA ISLANDS, SOCA ISLANDS Partners or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of SOCA ISLANDS, SOCA ISLANDS Partners and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to SOCA ISLANDS in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars ($100.00 USD) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of SOCA ISLANDS, SOCA ISLANDS Partners, and/or their respective suppliers.

 

INDEMNIFICATION
You agree to defend and indemnify SOCA ISLANDS, SOCA ISLANDS Partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms of Use or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this Website.

 

LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than SOCA ISLANDS. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that we make available to download from this Website (“Software”) or through your mobile application store, including the SOCA ISLANDS mobile application (the “Mobile Application”) is the copyrighted work of SOCA ISLANDS and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a revocable, limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by SOCA ISLANDS, SOCA ISLANDS Partners, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Mobile Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

 

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant SOCA ISLANDS and SOCA ISLANDS Partners, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that SOCAS ISLANDS may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant SOCA ISLANDS the right to pursue at law any person or entity that violates your or SOCA ISLANDS’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, SOCA ISLANDS Partners or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Soca Islands may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

SOCA ISLANDS claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

SOCA ISLANDS’ policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

 

ACCOUNT TERMINATION

 

NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

A clear identification of the copyrighted work you claim was infringed.

A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.

Your address, email address and telephone number.

A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”

A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to explore@socaislands.com Attn: IP/Trademark Legal Dept.

 

SERVICE HELP
For quick answers to your questions or ways to contact us, visit our Customer Support or call us at (868) 388-2937.